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lucy884

Affidavit of Support (I-134) worry

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Filed: AOS (pnd) Country: England
Timeline

Hi everyone

I'm new to this site as my boyfriend and I have only recently decided to get married, so we're right at the beginning of our K1 visa journey :( I'm from England and he is Puerto Rican. I've done a LOT of reading about the process and this site has been a great help, but I have a couple of big worries. The main one is to do with the I-134 form. My fiance does not currently have a bank account or any savings; he works at a local restaurant and is paid in cheques and cash. He does not earn a lot of money and I've been staying with him on a visa waiver and basically paying for everything we do. We rented an apartment so we could live together for a little while, which I pay for. When I have to return to the UK in June, he will move back in with his brother as he will not be able to afford the apartment. I worked full time for 5 years in the UK as a teacher and accumulated a decent amount of savings. When my grandfather passed away a few years ago, I was given some inheritance too. I can prove with my bank statements that I have enough money to support myself in the US until I am able to work after we get married and apply for the permit etc. My fiance does not claim benefits and never has, and he is currently looking for a better job that will pay him an annual salary, but since we're filing for the visa soon and need to give his employment information, I am worried that I will be denied the K1 visa because my fiance can't support me. Is this true? Am I not allowed to make a case for supporting myself?

I am really very worried about this, any and all advice anyone here can give me will be greatly appreciated. I can't bear the thought of going through all the heartache of separation from my fiance for months and then being denied the visa at the end of it :(

Lucy

AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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I am really very worried about this, any and all advice anyone here can give me will be greatly appreciated. I can't bear the thought of going through all the heartache of separation from my fiance for months and then being denied the visa at the end of it :(

Lucy

The Embassy in London allows self-sponsorship if you've got cash assets. There's no figure given but provide proof at your interview and discuss it. However to get your greencard you may need a joint sponsor who meets the income requirement.

For the 2 of you your husband would need $18,912 in income. If he is short that, then multiply the difference by 3 to see what you would need in assets to make up the difference. Like if he was 5,000 under the minimum, then $15,00 cash would cover the difference.

If you have a joint sponsor, then the family size is his/her whole family +1 (the immigrant). Here's the current chart. http://www.uscis.gov/files/form/i-864p.pdf

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: AOS (pnd) Country: England
Timeline

The Embassy in London allows self-sponsorship if you've got cash assets. There's no figure given but provide proof at your interview and discuss it. However to get your greencard you may need a joint sponsor who meets the income requirement.

For the 2 of you your husband would need $18,912 in income. If he is short that, then multiply the difference by 3 to see what you would need in assets to make up the difference. Like if he was 5,000 under the minimum, then $15,00 cash would cover the difference.

If you have a joint sponsor, then the family size is his/her whole family +1 (the immigrant). Here's the current chart. http://www.uscis.gov/files/form/i-864p.pdf

Thank you so much for this info. By cash assets, does that mean my savings? I have a car but would I need to sell it before I can use its value in my assets total? I'm sorry if these questions are silly but I just need to make sure I fully understand.

Also, if the embassy in London allows self-sponsorship, at which stage do I make it clear that I will do this? We have not yet sent off the initial petition, so do I need to state it in there or does it only become relevant at a later stage? Basically, if the initial petition is sent off with just our employment information on the biographic information forms, am I still likely to get to the interview stage, or could it be denied earlier on this financial basis?

AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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Thank you so much for this info. By cash assets, does that mean my savings? I have a car but would I need to sell it before I can use its value in my assets total? I'm sorry if these questions are silly but I just need to make sure I fully understand.

Anything that could be liquidated easily can be counted. Use an estimate of it's value. Read the form I-134 and instructions to see what counts. It's not stated what London will consider enough. One person on VJ has said they had 40,000 (pounds/dollars??) and were approved. It doesn't mean less wouldn't be. Can't really advise you because "a decent amount of savings" to one person may mean $1000 and to another may mean $200,000. You said you had decent savings and inheritance but not how much and you don't have to on a forum. It is a specific $ amount on the I-864 for the greencard, but not for the I-134/K1 in London. If the officer thinks you've got enough to support yourself for the months it will take until you get work authorization and a job, then he will say OK. I would think proof that your fiance has some income plus you have savings would help.

Also, if the embassy in London allows self-sponsorship, at which stage do I make it clear that I will do this? We have not yet sent off the initial petition, so do I need to state it in there or does it only become relevant at a later stage? Basically, if the initial petition is sent off with just our employment information on the biographic information forms, am I still likely to get to the interview stage, or could it be denied earlier on this financial basis?

You make it clear at your interview. If it's not enough, they say get a sponsor who will help and send us that info. They won't just deny you.

The initial petition to USCIS is to see if the petitioner qualifies to "import" a fiance by showing

  • he's a US citizen
  • he and you are legally free to marry
  • he and you intend to marry within 90 days
  • He has met you in the flesh within the last two years

That's about it. It doesn't say you have to be madly in love, Skype 18 hours a day, send each other valentines, or be employed.

Next part is you apply for a visa at the embassy in London (Dept of State. No longer at USCIS). Then it's about your qualifications, medical results, criminal history, and proving you will not go on welfare in the US because you have a sponsor (or enough money to self-sponsor.)

Does that help?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: AOS (pnd) Country: England
Timeline

Yes, thank you very much for your help! I really appreciate it :)

AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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  • 1 year later...

Yes, thank you very much for your help! I really appreciate it smile.gif

I see that you have been approved,can you tell me how did it go with your situation with the personal funds as affidavit of support?Can you give me some advice how much did they ask and what did you offer to them?Also good luck and all the best!

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